the assignees, notwithstanding such covenant, can assign the lease to a purchaser. (Goring v. Warner, 7 Vin. Abr. 85, pl. 9; Philpot v. Hoare, 2 Atk. 219). A covenant not to assign does not prevent a bequest of the term. (Fox v. Swann, Sty. 482). And a deposit of a lease by way of security, is not a forfeiture of a condition "not to underlet, alien, sell, assign, transfer and set over or otherwise part with" the lease or premises without the license of the lessor. (Doe d. Pitt v. Hogg, 4 D. & Ry. 226). A covenant not to underlet is not broken by an assignment, and a covenant not to assign or otherwise put away the lease or premises does not prevent the lessee from granting an underlease, (Crusoe d. Blencowe v. Bugby, 2 Wm. Bl. 766); and it would seem that a covenant not to alien does not preclude the lessee from making a bequest of the lease. (4 Jar. Con. by Sweet, 372). So also an equitable agreement, charging the property comprised in a lease, but not accompanied with a change of possession or other alteration of the property, does not work a forfeiture of the lease in equity, although the lease may contain provisions against assignment. (1 Hare, 109). nant not to be revived license once When a licence is given to assign a lease, which How cove was originally granted subject to a condition not assign should to assign, if it is desired to prevent any further in case of assignments from being made without the lessor's given. license, the condition should be revived by deed of defeazance. (Dumpor's case, 4 Coke, fol. 119). ment of By the Apportionment Act (4 & 5 Wm. 4. C. Apportion22. s. 2.), it is provided that all rents service rents. Construction of act. reserved on any lease by a tenant in fee, or for any life interest, or by any lease granted under any power (and which leases shall have been granted after the passing of the act); and all rents charge and other rents, annuities, &c., made payable or coming due at fixed periods under any instrument that should be executed after the passing of the act, or (being a will or testamentary instrument) that should come into operation after the passing of the act, shall be apportioned so that on the death of any person interested in any such rents, annuities, &c., or in the estate or fund in respect of which the same shall be issuing or derived, or on the determination by any other means of the interest of any such person, he or she, and his or her executors, administrators or assigns, shall be entitled to a proportion of such rents, annuities, &c., according to the time which shall have elapsed from the commencement or last period of payment thereof respectively (as the case may be), including the day of the death of such person, or of the determination of his or her interest. For a party to be entitled to apportionment under this act, it is necessary that the rents should be payable under an instrument in writing, and that they should be reserved on leases granted subsequently to the passing of the act. (Re Markby, 4 My. & Cr. 484; Michell v. Michell, 4 Beav. 549). The act applies to cases where the rent continues and is to be apportioned between the individual who was entitled when it began to accrue, and another who has come in as a remainderman or reversioner or otherwise; but it does not apply to the case of a landlord determining his tenancy by his own act. (Oldershaw v. Holt, 12 Ad. & El. 590). The act also applies to cases in which the interest of the person entitled to the rents, &c., is terminated by his death or by the death of another person; but it does not apply to the case of a tenant in fee, or provide for the apportionment of rent between the real and personal representatives of a person whose interest is not terminated at his death. (Browne v. Amyot, 3 Hare, 173). Leases for any term not exceeding 35 years at a yearly rent, without 13 & 14 Vict. fine or premium, must be stamped as follows: c. 97. Leases for any term exceeding 35 years at a yearly rent, without 17 & 18 Vict. fine or premium, must be stamped as follows: c. 83. OF A DWELLING HOUSE. Parties. part. No. LXVI. LEASE of a DWELLING HOUSE for TWENTY-ONE YEARS, THIS INDENTURE, made the day of BETWEEN A. B., of &c. [lessor], of the one part, and C. D., of &c. [lessee],& Witnessing of the other part, WITNESSETH, that in consideration of the rent and covenants hereinafter reserved and contained, and on the part of the said C. D., his executors, administrators and assigns, to be paid, observed and performed, he the said A. B. doth by these presents demise and lease unto the said C. D., his executors, administrators and assigns, ALL THAT messuage or dwelling house, &c. [parcels], TOGETHER WITH all passages, water-courses, rights, easements and appurtenances thereunto belonging, TO HAVE AND TO HOLD the said messuage or dwelling house, and all and singular other the premises hereby demised, or expressed and intended so to be, unto the said C. D., his executors, administrators and assigns, for the Demise of dwelling house, to lessee for twenty-one years. term of years from the day of -, YIELDING AND PAYING therefore yearly and every year during the said term, unto the said A. B., his executors, administrators and assigns, the clear rent of £- by four equal quarterly payments, on the 25th day of March, the 24th day of June, the 29th day of September and the 25th day of December, free and clear of and from all parliamentary and parochial taxes, rates, assessments and outgoings whatsoever (except land tax and property or income tax respectively), the first quarterly payment thereof to Covenants by be made on the 25th day of March next ensuing the date of these rent and presents: AND THE SAID C. D. doth hereby for himself, his heirs, executors, administrators and assigns, covenant with the said A. B., his executors, administrators and assigns, that he the said lessee to pay taxes. OF A HOUSE. mit lessor to view the C. D., his executors, administrators and assigns, will from time to time during the said term pay or cause to be paid unto the said DWELLING A. B., his executors, administrators and assigns, the said yearly rent of £ on the days and in manner hereinbefore mentioned, and also pay and discharge all present and future taxes, charges, rates and assessments whatsoever upon the said hereby demised premises, or any part thereof, or on the occupier or occupiers, owner or owners thereof (except as aforesaid): AND and to perFURTHER THAT the said C. D., his executors, administrators and enter and assigns, shall and will peaceably and quietly permit the said A. B., premises, his executors, administrators and assigns, with or without workmen, and others, twice in every year during the said term, at convenient times in the day time, into and upon the said hereby demised premises, or any part or parts thereof, to enter and view, and examine the state and condition thereof, and of all such decays, defects and wants of reparation as shall be found upon every such view and examination, to give to the said C. D., his executors, administrators or assigns, or leave at or in the said demised premises, or any part thereof, to and for the said C. D., his executors, administrators and assigns, notice in writing to repair and amend the same within the space of six calendar months then next following, within which said space of six calendar months he the said C. D., his executors, administrators or assigns, will repair and amend all and every the same and to repair decays, defects, and wants of reparation accordingly, as shall be mentioned in such notice: AND ALSO THAT the said C. D., and to insure his executors, administrators or assigns, shall and will, at his or their own costs, immediately after the execution of these presents, insure or cause to be insured, and at all times afterwards during the said term determinable as hereinafter mentioned, keep insured the said messuage or dwelling house, and buildings hereby demised, from loss or damage by fire, in the name or names of the said C. D., his executors, administrators Insurance Office, or in some other office or offices in London or Westminster to be appointed by the said A. B., his executors, administrators or assigns, in a sufficient sum to cover the value of the said messuage or dwelling house and buildings, and shall and will for that purpose pay or cause to be paid the premium or premiums, sum or sums of money, which may become due and payable in respect of or assigns, in the defects, &c., |